The validity of certificates of immunity belatedly granted to three members of the Jamaica Defence Force will have to be decided by the country's full Supreme Court, according to
this report in
The Gleaner. The victim had been shot in the back 20 times. Excerpt:
Justice Glen Brown made the order a short while ago, two days after defence attorney Paul Beswick surprised him, revealing that in 2016, the soldiers were granted immunity from prosecution by Peter Bunting, who was the Minister of National Security at the time.
"It is not for this court to determine the legality of the actions of the Minister of National Security," Brown said in his ruling.
The nation's chief prosecutor Paula Llewellyn had taken issue with the fact that Bunting signed the certificates of immunity six years after [Keith] Clarke was shot and killed inside his home in Kirkland Close, St Andrew.
She described the move as "a most unusual exercise of authority."
Brown said within three months, any interested party may seek a judicial review of the granting of the certificates of immunity.
He also directed that the case is again called up in the Home Circuit Court on September 17 to determine the next move.
"I agree with Mr Beswick that the proper forum to deal with this issue is the Full Court," said Brown in ordering a stay of the trial.
The accused soldiers are on trial in civilian court.
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